Agenda and minutes

Resolved:

That Councillor R Morgan be appointed Vice Chairman for the duration of the meeting in the absence of Councillor Wyatt.

It was noted that Councillor Waller was substituting for Councillor Wyatt and that Councillor Stallan was substituting for Councillor Boyce at the meeting.

No declarations of interest were made pursuant to the Members Code of Conduct.

To confirm the minutes of the last meeting of the Committee held on 21 August 2013 (attached)

Resolved:

That the minutes of the meeting held on 21 August 2013 be taken as read and signed by the Chairman as a correct record.

(Director of Planning and Economic Development) To consider the attached report.

The Committee considered an application referred to it by Area Plans Subcommittee East on 14 August 2013. The application sought the retention of a conservatory and air-conditioning units at the rear of the premises.

The Committee heard from an objector to the application and noted that complaints had been made about noise from an unapproved extractor fan and flue at the premises which was not the subject of the application. This matter was subject to consideration for enforcement action.

The Committee were of the view that the conservatory building was not an ideal solution to storage and that light spill from the store room would affect neighbouring properties in the evening. They requested that a condition be placed to ensure that the windows of the conservatory were obscured. The committee also expressed the view that they expected officers to take action to remove the unauthorised extractor and flue at the premises.

Resolved:

(1)        That application EPF/0981/13 at 13 Forest Drive, Theydon Bois be granted planning permission subject to the following conditions:

(a)        The rear conservatory hereby approved shall only be used for storage in connection with the A3 restaurant use of 13 Forest Drive and shall not at any time be used as a seating/dining area

Reason:- In the interests of neighbouring amenity.

(b)        The rating level of noise (as defined by BS4142:1997) emitted from the air conditioning unit shall not exceed 5dB(A) above the prevailing background noise level.  The measurement position and assessment shall be made according to BS4142:1997.

Reason: To protect nearby noise sensitive premises from significant loss of amenity due to noise.

(c)        Within 3 months of the date of this decision, the glazed side and rear elevations of the retained rear conservatory shall be infilled so as to prevent views into and out of the conservatory, and shall be retained as such thereafter.

Reason:  To ensure the conservatory is used for ancillary storage only , in the interests of neighbouring amenity.

(2)        That the Committee strongly recommend that immediate enforcement action is taken to secure the remove of the unauthorised extractor and flue at the premises.

(Director of Planning and Economic Development) To consider the attached report.

The Committee considered and approved a further application for the construction of a 19 space car park on land adjacent to Victory Hall in Hainault Road, Chigwell. The matter had last been considered by the Committee on 2 December 2009 but the approval had not been implemented and had lapsed. 

Members asked that officers ensure that the approval contain proposals for the appropriate replanting of trees on the site.

Resolved:

That planning application EPF/0735/13 be granted for the change of use of the land for car parking in association with Victory Hall and the submitted layout of 17 car parking spaces be approved subject to the following conditions:- 

(1)        The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

Reason:  To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

(2)        No development shall take place, including site clearance or other preparatory work, until full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) have been submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

Reason:- To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990 so as to ensure that the details of the development of the landscaping are complementary, and to ensure a satisfactory appearance to the development, in accordance with the guidance contained within the National Planning Policy Framework and policies CP2 and LL11 of the adopted Local Plan and Alterations.

(3)        The development, including site clearance, must not commence until a tree protection plan, to include all the relevant details of tree protection has been submitted to the Local Planning Authority and approved in writing.

The statement must include a plan showing the area to be protected and fencing in accordance with the relevant British Standard (Trees in Relation to Construction-Recommendations; BS.5837:2012).  It must also specify any other means needed to  ...  view the full minutes text for item 28.

(Director of Planning and Economic Development) To consider the attached report and plan.

The Committee considered a draft Local Enforcement Plan (LEP) which set out the Council’s vision for planning enforcement. It was noted that the Planning Services Scrutiny Panel had reviewed the proposed document at its meeting on 10 September 2013 and had endorsed its adoption.

The Committee made suggestions as to minor redrafting of the plan but expressed their concern that in implementing the plan, the Cabinet should allocate sufficient funding to allow its full implementation particularly in the area of direct action where insufficient budget provision existed currently.

It was also noted that during the Local Council consultation period some authorities had been omitted. It was agreed that any subsequent comments should be considered by the Assistant Director of Planning Services and brought back to this Committee if he considered material changes were needed to the plan.

Resolved:

(1)        That the Local Enforcement Plan (LEP) (as amended attached) be adopted in conformity with the suggestion for such a plan contained within the National Planning Policy Framework;

(2)        That the Committee calls upon the Cabinet to allocate sufficient funding to ensure that the Local Enforcement Plan can be properly implemented; and

(3)        That the Assistant Director Planning Services be authorised to consider further comments of Local Council’s and report further to this Committee if material changes to the plan were required.

(Director of Planning and Economic Development) To consider the attached report.

The Committee were asked to agree to extend the scheme of officer delegation to allow the Director of Planning and Economic Development to determine all prior approval applications types submitted following the recent changes to permitted development rights through the introduction of The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013. Members also noted that two other minor changes had been made to the schedule regarding list buildings and to reflect the publication of applications in the weekly list.

Members agreed that the changes were acceptable but asked that ward members be consulted before decision in those prior applications cases where officers were minded to approve the application and a valid objection had been made.

Resolved:

That a report be submitted to Council recommending:

(1)        Approval of the changes to officer delegation in respect of Council Development Control Functions (as amended) as set out in Appendix 1 to these minutes (changes underlined); and

(2)        The consequential amendment of the Constitution.

(Director of Planning and Economic Development) To consider the attached report.

The Committee noted that from 1 October 2013, the Government had introduced a policy with a requirement for local authorities to refund any planning fees if a council failed to decide an application within 26 weeks from an application being made valid.

This formed part of the government’s "planning guarantee" initiative to speed up the delivery of development. The policy went further, in that those local planning authorities with 20 per cent or lower major development appeal decisions dismissed or fewer than 30 per cent of major applications decided within 13 weeks over a rolling 2-year period were to be placed in special measures, which would allow an applicant to submit any future major planning applications and its fee direct to the Planning Inspectorate.

Officers would monitor the turnaround time of planning applications to safeguard against any refund of planning fees or loss of income through designation of special measures. Officers would also encourage applicants to sign up to pre and post application agreements.

The Committee noted that decision making at planning committees including a deadline for any signing of section 106 legal agreements would need to be strictly adhered to. It was agreed therefore that the report be brought to the attention of the planning subcommittees, where there was potential for delays on decision making particularly in cases where applications were deferred for site visits and submission of further information. It was felt that this should only be done in very exceptional cases and planning officers would look to encourage any formal Members site visits to be taken before the committee meeting.

Resolved:

(1)        That the Committee notes the new threat from the Governments “Planning Guarantee” of returning planning fees where planning applications are not decided within 26 weeks from being made valid,

(2)        That  Committee notes the threat of “special measures” in respect of not achieving a timely decision on Major category planning applications and the extent to which such decisions are overturned on appeal,

(3)      That (1) and (2) are brought to the attention of  the three Area Plans sub-committees and Planning Officers in determining planning applications in a timely manner; and

(4)        That the Assistant Director (Development) encourages applicants, when necessary, to sign up to pre and post application agreements to extend the time period for determination so as to avert the return of planning fees or the Authority falling into “special measures”.

It was noted that there was no further to be transacted at the meeting.